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2018 Georgia Code 5-7-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-7-4 Case Law from Google Scholar Amendments to OCGA 5-7-4

TITLE 5 APPEAL AND ERROR

Section 7. Appeal or Certiorari by State in Criminal Cases, 5-7-1 through 5-7-6.

ARTICLE 2 APPELLATE PRACTICE

5-7-4. Time limits and procedures governing appeal and certiorari by state.

An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.

(Ga. L. 1973, p. 297, § 4.)

JUDICIAL DECISIONS

State is authorized to appeal a void sentence pursuant to O.C.G.A. § 5-7-1(a)(5), and the state's appeals are governed by the same time limitations as those applied to other appellants in criminal cases. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004).

In the absence of express statutory authority requiring the state to file a motion to amend an improper sentence as a prerequisite to appealing that sentence, the state may appeal directly the sentence imposed by the trial court or file a motion to amend the sentence and then directly appeal the denial thereof, but in any event, the state has 30 days from judgment or from the denial of the motion to amend to file its notice of appeal; however, should the defendant file a motion for new trial, that motion tolls the time within which the state can directly appeal the sentence, and in that case, the state has 30 days from the denial of the motion for new trial to appeal the alleged improper sentence. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004).

Out-of-time appeal.

- Defendant's out-of-time appeal was dismissed as defendant's attorney was not entitled to file a sua sponte notice of out-of-time appeal based on the subjective acknowledgment of the attorney's own ineffectiveness; only the trial court could determine whether the failure to file a timely notice of appeal was attributable to an attorney's ineffectiveness and, if so, grant a right to file an out-of-time appeal. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006).

Only trial court can grant right to out-of-time appeal.

- Only the trial court can determine whether the failure to file a timely notice of appeal was attributable to an attorney's ineffectiveness and, if so, grant a right to file an out-of-time appeal; Adams v. State, 440 S.E.2d 639 (1994), and other such decisions cited in Rowland v. State, 452 S.E.2d 756 (1995), are expressly overruled to the extent that they approve another method for addressing procedurally deficient criminal appeals. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006).

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